If you are injured on the job in Peachtree Corners, you may be dealing with a serious injury while also worrying about medical expenses and lost wages. However, most employees in Georgia are protected by workers’ compensation insurance. This employer-provided insurance is designed to give you financial support after you were injured while doing your job.
Brauns Law Accident Injury Lawyers, PC is not just any workers’ compensation firm. We are an experienced team that specializes in representing injured workers. Led by attorney David Brauns, who began his career representing insurance companies, we have the unique insight and knowledge to fight for the best outcome possible in this process. With our team on your side, you can be confident that your case is in capable hands.
Understanding Workers’ Compensation in Georgia
With few exceptions, Georgia workers’ compensation law requires employers to carry workers’ compensation insurance coverage. Workers’ compensation provides medical care for workplace injuries and partial lost wage replacement if the worker must be off work due to their work injury or occupational illness.
Workers’ compensation is an exclusive remedy. That means workers give up the right to sue their employers for workplace injuries in exchange for quick access to the benefits they need to heal and get back to work. Employers are protected from litigation, while workers are protected from an employer’s failure to cover an injury.
Common Workplace Injuries
Some of the most common workplace injuries in Georgia are:
- Falls, Slips, and Trips: The most common workplace injury is a fall/slip/trip. Of over a million nonfatal workplace injuries in 2020, 18% were falls or trip injuries. Falls often involve serious injuries, especially falls from ladders or elevated surfaces. Wet floors or slippery conditions may also cause falls, and even simple falls can result in injuries.
- Overexertion: This broad category includes injuries related to physical labor. This might mean a lifting, pulling, pushing, or related injury. A worker may throw out their back or injure a muscle in their arms, legs, or torso. This might also include exhaustion due to heat or heatstroke.
- Auto or transportation accidents: Many workers who drive or operate vehicles for work have accidents on the job, including trucking accidents or a collision with another business vehicle. Those who travel as part of their job may have an accident in a vehicle while traveling.
- Electrocution: Electric shock injuries are common in many professions. A shock may result in severe burns, nerve or brain damage, or even death. Workers at risk for shock injuries include electricians, construction workers, utility workers, and carpenters, among others.
- Falling objects/struck by objects: This type of injury is common for construction, retail, and service workers and is caused by an object falling and hitting a worker or a worker colliding with an object, such as a barricade or shelf.
How Can a Workers’ Compensation Lawyer Help?
Workers’ compensation claims and law may sound straightforward, but this is often untrue. You may feel pressured to settle claims without adequate compensation. Your employer may fail to file or follow up with your claims correctly.
An experienced workers’ compensation lawyer can make sure your claims are filed and handled properly. Your lawyer will work to make sure you receive access to the care you need. The insurance carrier should be paying your medical bills, and depending on your injury, long-term payments may be appropriate for catastrophic injuries. Your lawyer will also advocate for the payment of any wage replacement benefits you’re entitled to.
Steps to Take After a Workplace Injury
When you’ve been injured at work, after the initial realization that you’ve been hurt, you should take steps to protect your workers’ comp claim, including:
- Medical care: The first step after any work-related injury is to get medical attention. If the injury is life-threatening, you should immediately call for emergency care. If the injury is less severe, immediately report it to your employer. You may be required to choose a doctor from a list provided by your employer.
- Report injury to your supervisor: Unless you need emergency medical care, your next step after a workplace injury is to report the injury to your supervisor or manager. Your supervisor or manager should report your injury to their insurer to begin the workers’ compensation process.
- Begin collecting records and evidence: If you can do so after an injury, collecting information about your injury can significantly help your case. This might mean getting the names and phone numbers of witnesses who saw the accident, taking photographs of the accident scene or your injury, or making a record of your pain and discomfort. These types of evidence can help establish the severity of your injury and the circumstances under which it occurred. From this point forward, document everything related to your claim and save documentation.
- Begin a workers’ compensation claim: In Georgia, you have 30 days to report your injury to your employer and one year to file a claim with the State Board of Workers’ Compensation. Timely filing will help strengthen your claim.
- Consult a workers’ compensation attorney: You should discuss your injury and claims with an experienced workers’ comp attorney. Hiring a skilled lawyer will enable you to obtain all the workers’ compensation benefits you’re owed by law.
Choosing the Right Lawyer for Your Case
How do you know you found the right lawyer? Determine whether the lawyer has experience with workers’ comp cases. Find out how many successful workers’ comp settlements or trials they’ve handled. Most workers’ comp lawyers offer the first case evaluation for free, and you should take them up on it before hiring them.
Are you comfortable talking about the details of your injury with them? Do you get the feeling that you and your case are important to them? If not, this may not be the lawyer for you. Find out about how they communicate with their clients and how often. How quickly will they answer your questions?
Remember, your lawyer works for you. Be sure they will give you the help you need.
Contact Our Peachtree Corners Workers’ Compensation Attorney for Help
Brauns Law Accident Injury Lawyers, PC, can take over your workers’ comp case so you can relax and focus on your healing. Contact us today for a free consultation. Let’s talk about how we can help.
There are many different types of behaviors that may constitute neglect or abuse at a nursing home or long-term care center.
Some of the most common types of neglect and abuse include:
- Sexually abusing a nursing home resident – Sexual abuse in the nursing home setting involves unwanted sexual attention or touching by a staff member or another nursing home resident. Sexual abuse may include unwanted fondling, touching, penetration, or advances of a sexual nature.
- Verbal abuse of a nursing home resident – Verbal abuse in the nursing home setting can occur when a staff member makes threats against a resident, in an attempt to coerce the resident into doing something against their will. Insulting or demeaning remarks directed at a nursing home resident can also constitute verbal abuse.
- Physical abuse of a nursing home resident – Hitting, slapping, or otherwise striking a nursing home resident in an unreasonable way constitutes physical abuse.
- Failing to care for a nursing home resident properly – When a person lives in a nursing home or long-term care center, the expectation is that the staff there will care for the resident properly and make sure to reasonably address all needs. Proper care involves seeing to the resident’s medical needs, making sure that the resident receives their meals, and bathing the resident regularly. Failing to wash a resident regularly can lead to serious medical problems, such as pressure ulcers.
- Failing to monitor residents – Most nursing home residents are at such a facility because they require medical care around the clock. The nursing home is responsible for seeing to all residents’ medical needs and taking care to monitor these residents. Monitoring residents often requires taking their vitals (including their blood pressure and temperature) regularly, and responding to resident complaints (including pain complaints) and symptoms promptly. In addition, nursing home staff must promptly respond to resident symptoms, such as complaints of chest pains or shortness of breath. Failing to do so may result in a heart attack, stroke, or untimely resident death.
- Failure to ensure facility cleanliness – Nursing homes must make sure that their facilities, including resident rooms, are sufficiently clean at all times. Particularly in the age of COVID-19, unclean facilities can be a breeding ground for germs and ultimately lead to illness or a resident’s death. In addition to keeping resident rooms clean, nursing facilities must also ensure that common areas, including hallways, are clean and free from debris and liquids. When these substances are present on the floor, nursing home residents (especially those who roam) may slip and fall, sustaining a severe injury.
- Medical errors – Many individuals who reside in a Duluth nursing facility are required to take several different types of medication multiple times per day. Nursing home staff members are responsible for making sure that these residents are given the correct medication at the proper time of day and in the right dosage. When nurses mix up drugs or give out an incorrect dosage, serious complications can arise for nursing home residents. For example, some residents may be allergic to a particular medication; if a nursing home staff member negligently gives a resident that medication, then the resident may become seriously ill or even die as a result.
- Inadequate resident supervision – Many individuals go to nursing homes because they can no longer care for themselves and require constant monitoring. Although some nursing home residents require a higher level of supervision than others, all residents require some degree of oversight while staying at the nursing facility. When staff members do not supervise residents properly, they may sustain a fall injury (such as in the bathroom) or some other serious injury that can have a permanent effect. Moreover, unsupervised elderly individuals with dementia may even leave the facility unexpectedly.
If you have a loved one who resides at a long-term care center, such as a nursing home, and you believe that they may be the victim of nursing home neglect or abuse, you should retain the services of experienced legal counsel as soon as possible.
Our experienced attorneys can investigate the abuse allegations at the nursing facility. If there is a likelihood of abuse, our legal team can assist you with filing a legal complaint and taking necessary legal action against the nursing facility.
Suppose your loved one was injured or acquired a medical complication as a result of the abuse or neglect. In that case, we can assist you in pursuing monetary compensation and damages from the responsible nursing home staff member or the nursing home itself.
When it comes to neglect and abuse in the nursing home setting, certain symptoms and signs are often present. Unfortunately, these signs may go unnoticed by visiting family members. With that occurs, neglect or abuse can go on for months or years.
Some of the most common symptoms and signs of nursing home neglect and abuse to look out for include:
- Vaginal discharge and bleeding – Discharge or bleeding surrounding a resident’s vaginal area may be a sign that sexual abuse is occurring.
- Mood swings – In many instances, nursing homes residents who are victims of abuse or neglect will become socially isolated and withdrawn. Moreover, they may be more hesitant to take part in activities that they formerly enjoyed. Residents may also appear socially disinterested and not willing to interact with others.
- Bruises and other marks on a nursing home resident’s body – When abuse or neglect is taking place in the nursing home setting, there will be bruises, abrasions, lacerations, cuts, or other marks on the resident’s body in many cases. If you observe any of these marks on your loved one’s body, but you are not aware that they sustained a recent injury, such an injury may be a sign that neglect or abuse is occurring. At other times, these marks may indicate that the resident fell recently, which could mean that the nursing home is not correctly cleaning or maintaining the facility regularly. This lack of attention to hygiene and safety by staff members can be another form of nursing home negligence.
- Pungent smells – Whenever there is an unpleasant smell in a resident’s room, the scent may be a sign that the nursing home is not properly maintaining the room or cleaning it regularly. The odor may also be a sign that nursing home staff are not bathing the resident or changing adult diapers regularly.
- Resident illnesses – If your loved one frequently comes down with unexpected illnesses, such instances may be signs they are not receiving the proper medication or that the facility is not a hygienic environment and not being appropriately maintained. When nursing facilities are unclean, residents can develop illnesses that they may not have otherwise contracted.
- Bedsores – A bedsore, which is also called a pressure ulcer, can appear when a resident is not being bathed regularly or turned properly (and regularly) in their bed or chair. Nursing home residents who must sit or lie down for long periods of time, including those individuals confined to a wheelchair or a bed, may experience bedsores. Your loved one developing a pressure ulcer may be a sign that the nursing facility is not maintained properly or that staff members are providing insufficient attention and care to the residents.
If you have a loved one residing in a long-term care facility, such as a nursing home, and you are noticing any of the signs or symptoms listed above, abuse or neglect may be occurring. Speak with a knowledgeable Duluth nursing home negligence attorney at Brauns Law Accident Injury Lawyers, PC as soon as possible.
Our legal team can investigate these signs and symptoms to determine if the nursing home is being neglectful. If so, we can take legal action against the nursing home to pursue and recover damages on behalf of your ill or injured loved one.
Depending upon the specific act of negligence, several individuals may be held responsible for nursing home neglect or abuse. Essentially, anyone who works at the nursing home can be liable. These individuals typically include nurses, nursing assistants, physicians, physical therapists, dietitians, and administrators who work at the nursing home and interact with residents regularly.
If you suspect that one or more of these individuals has neglected your loved one, resulting in an injury or illness, the knowledgeable Duluth nursing home negligence attorneys at Brauns Law Accident Injury Lawyers, PC can help. After investigating your claim, our legal team can assist you with pursuing monetary compensation or damages for the injuries or illnesses that your loved one received. Depending upon the circumstances, you may have a valid legal claim against negligent employees or even the nursing home itself.
Most nursing homes and their employees hold themselves to a standard of reasonable care. In other words, a nurse should hold themselves to the standard of care of a reasonable nurse who is acting under the same or similar circumstances. The nursing homes themselves are also required to perform reasonably at all times when caring for and medically treating their residents.
In cases where a nursing home employee fails to act reasonably under the circumstances, you or your loved one may file a claim or lawsuit against the responsible employee. Moreover, you may have a legal claim against the nursing home itself for failing to supervise the employee and ensuring that the employee acted reasonably under the circumstances.
Nursing homes are responsible for making sure that they hire and retain quality employees, and that these employees are adequately and correctly supervised and trained. Moreover, when an employee becomes problematic, nursing homes are responsible for terminating their employment.
The skilled Duluth nursing home negligence lawyers at Brauns Law Accident Injury Lawyers, PC can help you identify the person or persons responsible for neglect or abuse in your loved one’s nursing home. We can then file a claim or lawsuit against all of the responsible individuals or against the nursing home itself.